Although many people use the terms as synonyms, legalization and decriminalization are not the same thing, and would produce very different results. Legalization would make selling sex legal but there would be specific regulations and laws applied to the sex trade (“Prostitution Law Reform”). The problem with this is that many of these government rules are seen as “intrusive” and “demeaning” (“Prostitution”). Decriminalization, on the other hand, would treat prostitution as any other industry allowing the workers all the rights and protection enjoyed by other workers such as hairdressers, counselors, doctors, and estheticians (“IUSW”). All laws against prostitution would be abolished since there are already laws against trafficking, drugs, and sex with children; negative issues which are often associated with the sex trade. “If the police put their efforts into the fight against… real crime, consenting adults [could] get on with their business with no harm to anyone and make their contribution to society” (“IUSW”). The government would also benefit from either legalization or decriminalization by collecting taxes on the services of a prostitute as they do with any employee or small-business.
Some countries where prostitution has been legalized or decriminalized;
- Nevada, US **
- Germany **
- Australia ***
- Belgium *
- New Zealand *
- Indonesia *
The Netherlands is the most well known country where prostitution is decriminalized and treated as any other profession (“Prostitution in the Netherlands”). Workers there are able to form unions and receive all the benefits of a self-employed individual in any trade. There are some countries where selling sex is not necessarily illegal, but acts surrounding it are. In Sweden, prostitution has been decriminalized, but customers, pimps and traffickers are still criminalized (“Laws”). In other countries, female prostitutes are arrested much more frequently than either male prostitutes or johns, showing that patriarchy and gendered oppression are influencing the enforcement of the law (“Prostitution: Criminology”). Many countries are currently debating changes in their policies on prostitution based on activism from within the sex trade and from other feminists as well.
Works Cited:
“IUSW – Recommendations – Legalization.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/05_legalisation.html **
“Laws.” Prostitution Research and Education Website. 27 March 2007 http://www.prostitutionresearch.com/c-laws-about-prostitution.html
Outshoorn, Joyce, ed. The Politics of Prostitution: Women’s Movements, Democratic States and the Globalization of Sex Commerce. United Kingdom: Cambridge University Press, 2004. ***
“Prostitution.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution
“Prostitution: Criminology.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution_%28criminology%29
“Prostitution in the Netherlands.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution_in_the_Netherlands
“Prostitution Law Reform: Defining Terms.” Prostitutes’ Education Network – Prostitution: Decriminalization and Legalization. 27 March 2007 http://www.bayswan.org/defining.html
“Sex Worker.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Sex_worker *
Saturday, April 7, 2007
Resistance and Activism
Activism is the path to change, and many people have started to protest in favour of decriminalizing or legalizing the sex trade, especially prostitution. Here are three stories of people working towards such change;
Three prostitutes in Toronto, with the assistance of their lawyer, Alan Young are making a “constitutional challenge to overturn the laws governing the sex trade” (Hanes). While prostitution in Canada is not explicitly illegal, many acts surrounding it are. These laws do not prevent prostitution from occurring but only push it ‘underground’ where women face a great deal of violence. Young has expressed hope that the challenge will be heard within 12 to 18 months (Hanes). Valerie Scott, the executive director of Sex Professionals of Canada has publicly supported the case.
The Sex Worker Alliance of Toronto was created in 1992 with the goal of achieving equal rights for sex workers in the form of fair wages, and safe, healthy working conditions (“History”). S.W.A.T. provides education, free condoms, and opposes any laws against the sex trade. Volunteers who work within the organization provide “outreach and court watch” (“About S.W.A.T.”). They are open to supporters of, as well as current and former sex trade workers of all kinds; strippers, prostitutes, etc.
Libby Davies, NDP MPP for Vancouver East, was successful in winning support from Parliament for her Private Members Motion, M-192 in February 2003 (“Libby Succeeds”). The result was a report on Canadian prostitution laws from the Parliamentary Committee on Justice and Human Rights. “The report outlines the failure of the criminal code to protect sex workers” and seems to support decriminalization of the sex trade (“Statement”). Davies herself supports a removal of all laws against prostitution.
Works Cited:
“A Brief History of Sex Trade Activism in Toronto.” Sex Workers Alliance of Toronto. 11 Feb 2001. 5 April 2007. http://www.walnet.org/csis/groups/swat/torontohistory.html
“About S.W.A.T.” Sex Workers Alliance of Toronto. 23 March 2007. 5 April 2007. http://www.walnet.org/csis/groups/swat/about_swat.html
Hanes, Allison. “Prostitutes Seek Legalization of Sex Trade.” National Post. 22 Mar 2007. 23 March 2007. http://www.canada.com/windsorstar/news/story.html?id=1ee7fd31-6ce6-471c-ad21-c00ff0f3cbf9&k=32076
“Libby Davies’ Statement on Missing Women Murder Trial.” Libby Davies: Member of Parliament, Vancouver East. 22 Jan. 2007. 5 April 2007. http://www.libbydavies.ca/mpupdate/missingwomen1.html
“Libby Succeeds: Parliamentary Committee to Review Sex Trade Laws.” Libby Davies: Member of Parliament, Vancouver East. 9 Feb. 2003. 5 April 2007. http://www.libbydavies.ca/mpupdate/missingwomen3.html
Three prostitutes in Toronto, with the assistance of their lawyer, Alan Young are making a “constitutional challenge to overturn the laws governing the sex trade” (Hanes). While prostitution in Canada is not explicitly illegal, many acts surrounding it are. These laws do not prevent prostitution from occurring but only push it ‘underground’ where women face a great deal of violence. Young has expressed hope that the challenge will be heard within 12 to 18 months (Hanes). Valerie Scott, the executive director of Sex Professionals of Canada has publicly supported the case.
The Sex Worker Alliance of Toronto was created in 1992 with the goal of achieving equal rights for sex workers in the form of fair wages, and safe, healthy working conditions (“History”). S.W.A.T. provides education, free condoms, and opposes any laws against the sex trade. Volunteers who work within the organization provide “outreach and court watch” (“About S.W.A.T.”). They are open to supporters of, as well as current and former sex trade workers of all kinds; strippers, prostitutes, etc.
Libby Davies, NDP MPP for Vancouver East, was successful in winning support from Parliament for her Private Members Motion, M-192 in February 2003 (“Libby Succeeds”). The result was a report on Canadian prostitution laws from the Parliamentary Committee on Justice and Human Rights. “The report outlines the failure of the criminal code to protect sex workers” and seems to support decriminalization of the sex trade (“Statement”). Davies herself supports a removal of all laws against prostitution.
Works Cited:
“A Brief History of Sex Trade Activism in Toronto.” Sex Workers Alliance of Toronto. 11 Feb 2001. 5 April 2007. http://www.walnet.org/csis/groups/swat/torontohistory.html
“About S.W.A.T.” Sex Workers Alliance of Toronto. 23 March 2007. 5 April 2007. http://www.walnet.org/csis/groups/swat/about_swat.html
Hanes, Allison. “Prostitutes Seek Legalization of Sex Trade.” National Post. 22 Mar 2007. 23 March 2007. http://www.canada.com/windsorstar/news/story.html?id=1ee7fd31-6ce6-471c-ad21-c00ff0f3cbf9&k=32076
“Libby Davies’ Statement on Missing Women Murder Trial.” Libby Davies: Member of Parliament, Vancouver East. 22 Jan. 2007. 5 April 2007. http://www.libbydavies.ca/mpupdate/missingwomen1.html
“Libby Succeeds: Parliamentary Committee to Review Sex Trade Laws.” Libby Davies: Member of Parliament, Vancouver East. 9 Feb. 2003. 5 April 2007. http://www.libbydavies.ca/mpupdate/missingwomen3.html
Benefits
The so-called negative aspects of the sex trade are often focused on by the mainstream media, which is unquestionably filled with patriarchy and gendered oppression. However, the benefits of pornography and prostitution are rarely discussed publicly. The International Union of Sex Workers describes these benefits as;
1. Prostitutes may prevent rape by servicing those with a strong sex drive who are not able to find other willing partners.
2. Prostitutes can service disabled people who are unable to reach orgasm without their assistance, something others take for granted.
3. Prostitutes provide sex without attachment or having to form a new relationship, allowing a person to avoid being emotionally hurt but still satisfying their needs or desires.
4. Prostitutes are like sexual therapists, providing a solution to a variety of problems.
5. Prostitutes provide orgasms for the inhibited or fetish seekers who are otherwise unable to reach climax.
6. Prostitutes are highly skilled experts and can provide high quality sex that the average person would not be capable of.
7. Prostitutes provide more than just sex, including companionship and counseling.
8. Prostitutes find their job satisfying. The freedom to set their own hours, make money, and exploring their own sexuality are reasons some find it enjoyable.
9. Prostitutes can educate people on how to have better and safer sex in their own lives.
10. Prostitution is liberating for clients and workers, especially women sex workers.
11. Prostitution provides an alternative to stealing or starving when someone needs to provide for themselves or their children.
12. Prostitutes can help people discover their own sexuality, identity and desires.
13. Prostitutes provide sex which has been proven medically to be good for mental and physical health.
14. Prostitutes can help those who have been sexually abused overcome their issues.
15. Prostitution can be empowering for the sex workers themselves.
A question to consider; would you rather see a family doctor or a specialist for brain surgery? If you answered specialist, wouldn’t you like to have the same options for your sexual needs? Not allowing each individual to make their own choice is a form or control, which can be directly related to patriarchal ideals and gendered oppression.
Wendy McElroy defends pornography as a ‘pro-sex’ feminist and argues its benefits extend to both men and women in the following ways;
1. Pornography provides information relating to a variety of different sexual experiences and shows them in a different way than textbooks or discussions.
2. Pornography allows a safe method of experiencing some fantasies, especially rape fantasy scenarios.
3. Pornography breaks stigmas and stereotypes about sexual acts and can allow each individual to make their own decision on the act in their life.
4. Pornography can be good therapy and is often recommended by licensed sexual therapists for self-exploration or to help in a couple’s relationship.
5. Pornography is a form of self-expressing and free speech.
6. Pornography allows women to control their own body similar to using birth control or the right to abortion, laws against any of these are attacks on women’s rights.
7. Pornography is helpful to people who have strong sexual or violent urges, and may even prevent rape.
8. Pornography, if legal, helps to reduce the stigma associated with all sex workers increasing their personal safety.
McElroy ends by stating that, “law should protect choice”, leaving everyone free to decide what they view or participate in, without government interference (McElroy). Numerous sex workers have expressed similar sentiments to those above, plus a number of other personal reasons for choosing the work they do (Nagle).
Works Cited:
Bell, Laurie, ed. Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face. Toronto: The Women’s Press, 1987.
“IUSW – Recommendations – Appendix 3.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/14_app4_abuse.html
McElroy, Wendy. A Feminist Overview of Pornography, Ending in a Defense Thereof. 7 March 2007 http://www.zetetics.com/mac/freeinqu.html
Nagle, Jill, ed. Whores and Other Feminists. New York: Routledge, 1997.
1. Prostitutes may prevent rape by servicing those with a strong sex drive who are not able to find other willing partners.
2. Prostitutes can service disabled people who are unable to reach orgasm without their assistance, something others take for granted.
3. Prostitutes provide sex without attachment or having to form a new relationship, allowing a person to avoid being emotionally hurt but still satisfying their needs or desires.
4. Prostitutes are like sexual therapists, providing a solution to a variety of problems.
5. Prostitutes provide orgasms for the inhibited or fetish seekers who are otherwise unable to reach climax.
6. Prostitutes are highly skilled experts and can provide high quality sex that the average person would not be capable of.
7. Prostitutes provide more than just sex, including companionship and counseling.
8. Prostitutes find their job satisfying. The freedom to set their own hours, make money, and exploring their own sexuality are reasons some find it enjoyable.
9. Prostitutes can educate people on how to have better and safer sex in their own lives.
10. Prostitution is liberating for clients and workers, especially women sex workers.
11. Prostitution provides an alternative to stealing or starving when someone needs to provide for themselves or their children.
12. Prostitutes can help people discover their own sexuality, identity and desires.
13. Prostitutes provide sex which has been proven medically to be good for mental and physical health.
14. Prostitutes can help those who have been sexually abused overcome their issues.
15. Prostitution can be empowering for the sex workers themselves.
A question to consider; would you rather see a family doctor or a specialist for brain surgery? If you answered specialist, wouldn’t you like to have the same options for your sexual needs? Not allowing each individual to make their own choice is a form or control, which can be directly related to patriarchal ideals and gendered oppression.
Wendy McElroy defends pornography as a ‘pro-sex’ feminist and argues its benefits extend to both men and women in the following ways;
1. Pornography provides information relating to a variety of different sexual experiences and shows them in a different way than textbooks or discussions.
2. Pornography allows a safe method of experiencing some fantasies, especially rape fantasy scenarios.
3. Pornography breaks stigmas and stereotypes about sexual acts and can allow each individual to make their own decision on the act in their life.
4. Pornography can be good therapy and is often recommended by licensed sexual therapists for self-exploration or to help in a couple’s relationship.
5. Pornography is a form of self-expressing and free speech.
6. Pornography allows women to control their own body similar to using birth control or the right to abortion, laws against any of these are attacks on women’s rights.
7. Pornography is helpful to people who have strong sexual or violent urges, and may even prevent rape.
8. Pornography, if legal, helps to reduce the stigma associated with all sex workers increasing their personal safety.
McElroy ends by stating that, “law should protect choice”, leaving everyone free to decide what they view or participate in, without government interference (McElroy). Numerous sex workers have expressed similar sentiments to those above, plus a number of other personal reasons for choosing the work they do (Nagle).
Works Cited:
Bell, Laurie, ed. Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face. Toronto: The Women’s Press, 1987.
“IUSW – Recommendations – Appendix 3.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/14_app4_abuse.html
McElroy, Wendy. A Feminist Overview of Pornography, Ending in a Defense Thereof. 7 March 2007 http://www.zetetics.com/mac/freeinqu.html
Nagle, Jill, ed. Whores and Other Feminists. New York: Routledge, 1997.
Quote Reflection #2
“Sexuality can, indeed, be a site of oppression, but it can also be a terrain for the development of women’s positive and liberating desires, feelings and ideas.” - Mariana Valverde
Patriarchal systems have been trying to control a women’s body in a variety of ways for many years. This can be seen in the debate over abortion rights, heterosexism, and the romancing of monogamy. As long as these ideas prevail, women’s sexuality will be oppressed. Women are not free to explore their own sexuality without being judged and labeled as less than respectable, often called a ‘whore’, based on the negative stigma associated with prostitution and other members of the sex trade. There is a double standard between men and women and their sexual behaviours, with men able to sleep with as many women as they desire, but with women expected to remain monogamous to one man. Heterosexuality is presented as the only ‘natural’ option, with homosexuals experiencing a great deal of oppression in society. As long as anyone is oppressed based on being different, women’s sexuality will remain “a site of oppression” (Valverde, 31).
Decriminalizing prostitution would be a step towards women’s liberation, allowing all women the ability to work in their chosen field no matter what that may be. While it would not immediately remove the stigma associated with sex trade workers, it would be a step in the right direction. All women should be free to explore their own sexuality without risking oppression as a result. There should be no shame associated with the naked human body or sex, but the media contributes to this distorted reality. In a society where nudity is kept off mainstream television but where violence and coarse language is prevalent, shame associated with sexuality should be expected. Changing the systems currently in place will result in positive change for women and all people.
Works Cited:
Valverde, Mariana. “Too Much Heat, Not Enough Light.” Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face. Toronto: The Women’s Press, 1987. 27-32.
Patriarchal systems have been trying to control a women’s body in a variety of ways for many years. This can be seen in the debate over abortion rights, heterosexism, and the romancing of monogamy. As long as these ideas prevail, women’s sexuality will be oppressed. Women are not free to explore their own sexuality without being judged and labeled as less than respectable, often called a ‘whore’, based on the negative stigma associated with prostitution and other members of the sex trade. There is a double standard between men and women and their sexual behaviours, with men able to sleep with as many women as they desire, but with women expected to remain monogamous to one man. Heterosexuality is presented as the only ‘natural’ option, with homosexuals experiencing a great deal of oppression in society. As long as anyone is oppressed based on being different, women’s sexuality will remain “a site of oppression” (Valverde, 31).
Decriminalizing prostitution would be a step towards women’s liberation, allowing all women the ability to work in their chosen field no matter what that may be. While it would not immediately remove the stigma associated with sex trade workers, it would be a step in the right direction. All women should be free to explore their own sexuality without risking oppression as a result. There should be no shame associated with the naked human body or sex, but the media contributes to this distorted reality. In a society where nudity is kept off mainstream television but where violence and coarse language is prevalent, shame associated with sexuality should be expected. Changing the systems currently in place will result in positive change for women and all people.
Works Cited:
Valverde, Mariana. “Too Much Heat, Not Enough Light.” Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face. Toronto: The Women’s Press, 1987. 27-32.
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